HomeMy WebLinkAbout19890821_regular14 MINUTES
OF THE REGULAR mTING OF THE
ED= CITY COUNCIL HELD AT CITY HAIL
AUGUST 21, 1989
ROLLCU Answering rollcall were Members Kelly, Paulus, Rice, Smith and Mayor
Richards.
CONSENT AGENDA ITEMS ADOPTED
Member Kelly to approve and adopt the consent agenda items as presented.
Motion was made by Member Smith and was seconded by
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried.
*PUBLIC HEBRING ON CONDITIONAL USE PERHIT FOR GRACE CHURCH OF EDINA CONTINUED TO
9/18/89 Motion was made by Member Smith and was seconded by Member Kelly to
contiwe the public hearing on the Conditional Use Permit for Grace Church of
Edina to September 18, 1989 as requested by the proponents.
-
Motion carried on rollcall vote, five ayes.
ORDINANCE NO. 1102-81 (SAC CHARGES PAID TO METROPOIJTAN SEWER BOARD) ADOPTED:
SECOND REBDING WAIVED
amendment would update Ordinance No. 1102 to follow the revised Metropolitan Waste
Control Commission's reserve capacity charge policies.
fees that are to be passed through to the Commission to the City's fees and
charges ordinance.
Finance Director John Wallin explained that this ordinance
Also, it would tie the
Member Rice asked if staff concurred with the formula that the charge for each
apartment and condominium unit shall comprise 80% of a unit.
that staff agrees with that charge. There was no further comment or objection
Director Wallin said
I heard.
Member Smith introduced Ordinance No. 1102-81 and moved its adoption as follows,
with waiver of Second Reading:
ORDINANCE NO. 1102-Al
AN ORDINANCE DING ORDINANCE NO. 1102
TO C3ANGE THE AHOU"3! OF SAC CHARGES
PAID TO THE I3ETROPOIZTAN SEWER BOARD
Section 1. Paragraphs (a) and (b) of Section 2 of Ordinance No. 1102 are
THE CITY COUNCIL OF THE CITY OF EDINA, M"ESO!I!4, ORDAINS:
hereby replaced in their entirety by the following new paragraphs:
to the City each year by the Metropolitan Waste Control Cornmission, there is
hereby established a charge for:
(a) For the purpose of paying the costs of reserve capacity allocated
(1)
(2) connections, direct and indirect, to the metropolitan
the availability of treatment works and interceptors
comprising the metropolitan disposal system; and
disposal system.
The charge is hereby imposed on each building in the City vhich, at the time of
construction, will have access directly or indirectly to the metropolitan disposal
system, and on each connection permit issued for existing buildings vhich will
have access directly or indirectly to the metropolitan disposal system.
charge shall be payable at the time of, and as a condition to, the issuance of
such building permit or such connection permit, as the case may be.
Service Availability Charge (SAC) rate as set out in Ordinance No. 171times the
number of SAC units (rounded) computed as follows:
The
(b) The charge for each building shall be an amount equal to the
A.
B.
C.
Single family houses, townhouses and duplex &its shall
each comprise one unit;
Each apartment and condominium unit shall comprise 80% of a
unit ;
Each other building and structure shall comprise one unit
8/21/89 ., .. 15
for each 274 gallons of daily flow (and a pro rata portion of a
unit equal to the pro rata portion of any 274 gallons) which
the City estimates it vi11 discharge, but each commercial and
industrial building shall comprise a minimum of one unit;
Each public housing unit and each housing unit subsidized under
any government program for low-and-moderate income housing
shall comprise 75% of the unit equivalent for that type of
housing.
This ordinance shall be in full force and effect upon its passage and
.
I).
Sec. 2.
publication.
City Clerk
Motion for adoption of the ordinance was seconded by Member Rice.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
ORDINANCE NO. 122 (PWSONNEL ORDINANCE) ADOPTED ON SECOND READING Mayor Richards
recalled that at the last meeting the Council had given First Reading to Ordinance
No. 122, subject to an addendum being added that the maximum amount of vacation be
limited to five weeks. He pointed out that, in response, an addendum has been
added to Sec. 9 (e) of Ordinance No. 122 which states that the maximum amount of
vacation that may be taken on an annual basis is twenty-five (25) days.
Member Rice asked if the Manager would have some latitude with regard to the
maximum amount of vacation that may be taken. Manager Rosland said he felt that
five weeks maximum is fine and that if there was an occasional request to exceed
that limit he would bring it to the Council for approval.
for further comment or questions on the ordinance or the Employee Handbook.
other comment or objection was heard.
Mayor Richards asked
No
Member Smith moved Second Reading and adoption of Ordinance No. 122 as follows:
ORDINANCE NO. 122
AN ORDINANCE ESTABLISHING A BASIC PERSONNEL POLICY
THE CITY COUNCIL OF THE CITY OF EDINA. MINJ!ESOTA. ORDAINS:
Section 1.
of municipal personnel administration for all the employees of the City.
Purpose. The purpose of this ordinance is to establish a system
Sec. 2. Definitions
Tppes of employment for the purpose of this ordinance No. 122, shall be
defined
1.
2.
3.
4.
5.
as follows:
Regular full-time employment - This is employment on a
year-round, full-time basis.
Regular part-time employment - This is employment on less than a
full-time basis but extending year-round.
Temporary full-time employment - This is employment on a full-time
basis but for a limited period only pursuant to a written contract
with the City.
Temporary/seasonal part-time employment - This is employment on
either a full-time basis or less than a full-time basis but is for a
limited period or seasonal period only and for which there is no
written contract with the City.
Full-time - This means employment where the employee is regularly
engaged on a scheduled basis for a period of at least 40 hours in
16 812 I/ 89
6.
7.
Sec. 3.
every seven day work cycle.
Year -'This means in connection with term of employment, each period
starting with the date of initial employment or any anniversary
thereof and ending the day before the then next subsequent
anniversary of such date.
Employee - This means, unless restricted by any specific language
herein, all employees of the City, regular, temporary, full-time and
part-time.
ScoDe of the Ordinance.
(a) Personnel covered. Except as otherwise specifically provided, this
ordinance applies to regular full-time employees, regular part-time employees, and
temporary full-time employees, and temporary/seasonal part-time employees, of the
_- City except the following:
1. All Elected Officials;
2. The City Attorneys;
3. The City Health Officer;
4. Members of City Boards, Commissions, and Committees;
5. Volunteer Fire Fighters and other volunteers; and
6. City Manager
(b) Provisions inapplicable under certain cases. Any employee included in a
collective bargaining agreement entered into in accordance with the public
employment labor relations act (HS Sec. 179A.Olto 1796.25) shall be exempt from
any provision of this ordinance which is addressed by such agreement, except,
however, as specifically provided in Sec. 9 Subd. (f) and Sec. 10 Subd. (a)
hereof.
or to detract from any provision of the Veterans' Preference Act, Minnesota
Statutes Sections 197.455, 197.46 and 43A.11, or of any collective bargaining
agreement now in force.
limitation, vacation leave, sick leave and severance pay, shall apply to and
benefit only regular full-time employees and not any regular part-time employees,
temporary full-time employees or temporary part-time employees, except as
otherwise specifically provided herein and except as otherwise required by
applicable law.
The rights, duties and benefits of each temporary full-time employee
shall be as stated in, and shall be controlled by, that employee's contract with
the City, and not by this ordinance.
The provisions of this ordinance shall be subject to all applicable
laws, statutes, rules, ordinances and regulations, which shall control over any
contrary or inconsistent provisions of this ordinance.
Nothing in this ordinance is intended to modify or supersede or to add to
I (c) The benefits created or granted by this ordinance, including, without
(d)
(e)
Sec, 4. Powers and Duties of the City Manager on Personnel Hatters. The
City Manager shall perform duties and exercise powers concerning personnel matters
as follows:
Prepare and recommend to the City Council such changes in this ordinance
as he/she may consider necessary or desirable.
department heads and City employees based on merit and fitness.
may be determined by such oral, written or other examinations, investigations or
means, as may from time to time be deemed appropriate by the City Manager.
duties, responsibilities and authority of the employees within the City.
classification plan.
performance of their assigned duties.
(a)
(b) Appoint, promote, transfer, reprimand, suspend, demote, and dismiss
Merit and fitness
(c)
(d)
(e)
Prepare, put into effect and maintain a classification plan based on
Prepare and maintain a compensation plan for all positions in the
Issue rules and regulations governing the conduct of personnel and the
8/21/89 17
(f) Issue such rules and regulations and perform or cause to be performed
such other activities with reference to personnel administration as may be
determined by the City Manager to be appropriate.
The City Manager, from time to time, may delegate and from time to time
may revoke such delegation of any or all of his/her authority granted by or
derived from this ordinance or other applicable law or statute to such person or
persons as he/she shall designate, and references herein to the City Manager shall
mean and include any such designee.
(g)
Sec. 5. ADDointments. Every appointment to City employment shall be made by
the City Manager, and shall be made on the basis of merit and fitness for the
position. Merit and fitness shall be ascertained by such means as are deemed
appropriate by the City Manager to evaluate the ability of the candidate to
discharge the duties and responsibilities of the position subject to the
appointment.
for employment in accordance with all applicable Equal Employment
Opportunity/Affirmative Action laws, statutes and regulations of federal, state
and local governing bodies, including any such equal opportunity/affirmative
action plans of the City.
employment because of race, color, creed, religion, national origin, sex,
disability, age, marital status, or status with regard to public assistance.
park maintenance and such other areas of City employment as are deemed appropriate
by the City Manager, the City Manager shall require the person who is offered
employment, subject to passing a physical and or psychological examination, to
take a physical and/or psychological examination.
(a) The City shall provide equal opportunity to all employees and applicants
(b) The City shall not discriminate against any employee or applicant for
(c) In the selection process in the areas of public safety, public works,
Sec. 6. Probation Period. The probationary period is hereby determined to
be an integral part of the employee selection process and shall be utilized for
observing the employee's work, for securing the most effective adjustment of the
employee to the position, and for rejecting any employee whose performance does
not meet the required work standards.
employees are subject to a probationary period but temporary full-time and
temporary part-time employees shall not be subject to a probationary period.
(a) Duration. Every original and every promotional appointment is subject
to a probationary period of twelve (12) months after the appointment.
probationary period may be extended for up to six (6) months by the City Hanager
for reasons deemed sufficient by the City Manager.
employee at any time during the probationary period of that employee.
employee so terminated shall be notified in writing of the termination and shall
not be entitled to a hearing.
(c) Completion. Immediately prior to the expiration of the probationary
period, the department head shall notify the City Manager, in writing, whether or
not the services of the employee have been satisfactory and whether or not the
employee will continue.
continued, the probationary period shall end.
person to whom notice is being given, the City Manager shall perform the duties of
the department head under this paragraph.
each probationary period, except a promotional probationary period, an employee
will not be entitled to use sick leave or vacation leave.
leave shall accrue from the start of the probationary employment even though not
useable during the first six months of the probationary period.
(e) Rehire. Any employee who voluntarily or involuntarily leaves the
employment of the City and later is rehired, shall be subject to the same
probationary period as a new employee.
All regular full-time and regular part-time
The
(b) Termination. The City Manager or his/her designee may terminate an
The
If notification states that the employee will be
If the department head is the
(d) Leave Benefits during Probation. During the first six (6) months of
Sick leave and vacation
Such employees shall receive no credit for
8 / 2 1 / 8 9 18
prior years of service vith the City in terms of pay or seniority status in
determining duty shifts, vork assignments or other benefits. I Sec. 7. Comuensation.
(a) Amount. Employees of the City shall be compensated according to the
schedule established from time to time by the City Council.
established shall be the total remuneration for employment, but shall not be
Any wage or salary so
considered as remuneration which may be alloved for official travel or other
expenses incurred in the conduct of official City business.
the City Manager, no employee shall receive Compensation from the City in addition
to the salary authorized for the position to which he/she has been appointed.
179.A.Olto 179.A.25 but notwithstanding any other laws to the contrary, the City
established on August 1, 1987, equitable compensation relationships as prescribed
each class of City employee shall be fixed in compliance with the provisions of
those statutes.
rate tmder the State or Federal Fair Labor Standards Act shall have said hourly
rate computed as provided by applicable law.
Temporary and Part-time Employees.
work on less than a full-time basis or for temporary employment, compensation
shall be paid for the position hired as provided for in the part-time and
temporary compensation plan then approved by the City Council. Temporary and
part-time employees are not entitled to sick leave or vacation leave except to the
extent determined necessary or desirable by the City Wnager for the proper
administration of the City.
Standards Act apply shall be compensated for overtime at one and one-half times (X
1/21 the regular rate of pay. $ established by an employee's department head, and which policy has been approved!:
by the City Manager, an employee may accrue and use compensatory time instead of*/
pay at overtime rates.
hours worked in excess of 40 hours within a defined seven-day work period as
directed by a department head and in accordance with the State or Federal Fair4----.
Labor Standards Act and/or applicable Minnesota Statutes.
Each department head shall be responsible for the accounting and certification to
the payroll clerk of overtime worked and compensatory time taken by each employee
in his/her department.
(f) Paydays. Employees shall be paid bi-weekly on alternate Fridays. Uhen
a payday falls on a holiday, employees shall be paid on the preceding work day.
Unless approved by
(b) Comparable Worth Value. Subject to Minnesota Statutes, Sections
~ by Minnesota Statutes Sections 471.991to 471.999. Therefore, compensation of
(c) Regular Hourly Rate of Pay. Employees who are compensated at an hourly
(d) Whenever an employee is hired to
2- (e) Overtime. Employees to whom either the State or Federal Fair Labor
To the extent permitted by lav and policy then
Overtime shall be paid or compensatory time accrued, fo$
f2
3
Sec. 8. Work Hours. Work schedules for employees shall be established by
the appropriate department head vith the approval of the City Manager.
regular work week for employees is five (5) eight-hour (8) working days in
addition to one thirty (30) minute lunch period per working day within a seven day
cycle, except as othervise established by the department head with the approval of
the City Manager.
The
%
Sec. 9. Vacation Leave With Pav.
(a) Eligibility. Regular full-time employees shall accrue vacation leave -. according to the folloving schedule.
or shall accrue vacation leave vith pay.
employees :
No other types of employees are eligible for
(b) Amount. The folloving accrual schedule shall apply to eligible
1 - continuous years of
regular full-time employment
6 - 10 continuous years of
regular,full-time employment
11 - 15 continuous years of An additional .307 hours
3.076 hours per pay period
(10 days per year)
4.61 hours per pay period
(15 days per year)
-3
8/21/89
regular full-time employment per pay period or one
additional day of vacation
for each additional year of
service to 15 years of
service. (total at
15 years of service - 20
days per year).
6.154 hours per pay period
(20 days per year)
16 years or more of continuous
service of regular full-time
employment.
Conditions Affecting Accrual of Vacation - Although leaves of absence, (c)
under Sec. 12 of this ordinance, do not affect the continuous years of service,
for the purpose of determining accrual rates, vacation shall not accrue during
leaves of absence under said Sec. 12.
approval of the department heads to the time at which it is taken.
employees with over five (5) continuous years of service shall take a minimum of
five (5) days of vacation per year. All regular full-time employees with over ten
(10) continuous years of service shall use a minimum of ten (10) days of vacation
per year. All regular full-time employees with over fifteen (15) years of
continuous years of employment shall use a minimum of fifteen (15) days of
vacation per year.
basis is twenty-five (25) days.
employment with the City in good standing, as described in Section 16 of this
ordinance, shall be compensated for accrued and unused vacation at the date of
separation not to exceed 240 hours. The provisions of this paragraph (f) shall
apply to employees included in collective bargaining agreements who accrue
vacation but no other provisions of this section shall apply to such employees.
shall accrue vacation and sick leave during such use.
(d) When Taken. Vacation leave may be used as earned, subject to the
(e) Minimum and Maximum Amount Used Annually. All regular full-time
The maximum amount of vacation that may be taken on an annual
All employees who accrue vacation and who leave (f) Terminal Leave.
(g) Accrual During Leave. An employee using earned vacation or sick leave
Sec. 10. Sick Leave.
(a) Eligibility. Every regular full-time employee shall be entitled to and
shall accrue sick leave with pay.
shall accrue sick leave with pay.
a rate of 3.69 hours per pay period.
the employee is unable to perform scheduled work duties due to illness/disability,
disability, or exposure to contagious disease, where such exposure may endanger
the health of others with whom the employee would come in contact in the course of
performing work duties. Sick leave pay may also be granted for a maximum of five
(5) working days for the serious illness or death of an employee's spouse,
children, father, mother, spouse's father or mother and resident members of the
employee's household. Sick leave may be granted for a maximum of three (3) days
in the event of the death of an employee's grandparent, grandchild, brother or
sister.
No other types of employees are entitled to or
All employees entitled to sick leave shall accrue sick leave at
Sick leave may be granted to employees entitled thereto when
, the necessity for medical, dental or chiropractic care, child birth or pregnancy
(b) Amount.
(c) Purpose.
(d) Proof.
1. To be eligible for sick leave with pay, the regular full-time
employee shall report his/her absence to his/her supervisor within the first
thirty (30) minutes of the the start of that employee's scheduled work period.
shall keep hisper supervisor informed of his/her condition or the condition of
the family member that is ill on a daily basis and if the absence is of more than
three (3) working days duration, submit a medical certificate in form and
substance acceptable to the City Manager or department head. The City Manager or
department head shall have the right to verify any reported illness of an employee
2. To be eligible for sick leave with pay, an employee entitled thereto
\
8/21/89 .. 20
by such means as he/she deems necessary.
submit proof, satisfactory to the City Manager or department head of his/her
physical/emotional ability to perform his/her duties upon his/her return from sick
leave.
subdivision (c) shall be cause for disciplinary action under Section 19,
reprimand, suspension or dismissal.
(f) Accrual During Leave.
shall accrue vacation or sick leave during such use.
(g) No Payments for Unused Sick Leave Upon Termination.
employment, there will be no payments for accrued but unused sick leave.
(h) The provisions of this Sec. 10 except paragraphs (a) and (b) hereof,
shall be used to administer sick leave provisions of any collective bargaining
agreements vhich include City employees.
The employee may also be required to
I (e) Penalty. Using or claiming sick leave for a purpose not authorized by
An employee using earned vacation or sick leave
Upon termination of
Sec. 11. Hilitan Leave. Every employee to vhom Minnesota Statutes,
Sections 192.26 or 192.261, or U.S.C.A., Title 38, section 2021, applies, is
entitled to the benefits, but subject to conditions prescribed therein as required
by law.
Sec. 12. Leave Without Pav. The City Manager may grant any regular
full-time employee a leave of absence without pay for a period not to exceed
ninety (90) calendar days except that the City Manager may extend such leave to a
maximum period of 120 calendar days in case the employee is disabled or where
extraord- circumstances, in the City Manager's judgement, warrant such
extension. No vacation or sick leave with pay benefits shall accrue during a
leave of absence without pay.
and long term disability insurance premiums are paid by the employee withno
contribution by the City.
During a leave of absence, health, life insurance,
I Sec. 13.
more than one year, is entitled to take an unpaid leave of absence in connection
with the birth or adoption of a child.
must begin not more than six weeks after the birth or adoption of the child.
employee is entitled to return to work at the same position and at the same rate
of pay the employee was receiving prior to the commencement of the leave but
including any automatic adjustments that occurred during the leave.
insurance coverage will remain in effect during the leave.
leave vi11 contiwe to accrue during parental leave.
section shall be subject to and conform with applicable lav.
Parental Leave. Any employee who has been employed by the City for
The leave may not exceed six weeks and
The
Health
Vacation and sick
The provisions of this
Sec. 14. Jurv Duty. When a regular full-time or regular part-time employee
performs jury duty, the employee is entitled to compensation fromthe City equal
to the difference between his/her regular pay and the amount received as a juror.
Sec. 15. Rest Periods and Holidavs.
(a) Rest Periods. Every employee, when vorking under conditions where a
break period is practicable, shall be granted a fifteen (15) minute break period
in each half of the employee's shift.
periods so as not to interfere with work requirements.
The folloving calendar days and such other days as designated
by the City Council are paid holidays:
King's Birthday - the third Monday in January; Washington and Lincoln's Birthday -
the third Monday in February; Memorial Day - the last Monday in May; Independence
Day - July 4; Iabor Day - the first Monday in September; Veteran's Day - November
11; Thanksgiving Day - the fourth Thursday in November; the Friday after
Thanksgiving; and Christmas Day - December 25. - December 24, and one-half day on New Year's Eve - December 31, shall also be
paid holidays whenever they fall on one of the days Monday through Friday.
New Year's Day, Independence Day, Veteran's Day or Christmas fall on Saturday, the
Each department head shall schedule rest
(b) Holidays.
New Year's Day - January 1; Martin Luther
Also one-half day on Christmas Eve
When
8 12 11 89
21
preceding Friday is the holiday, and should these days fall on Sunday, the
following Monday-shall be the holiday.
entitled to time off vith full pay on holidays. The City Hall shall be closed for
business on each such holiday, but employees may be required to work on paid
holidays when the nature of their duties or other conditions require. An employee
required to work on a holiday shall receive another day off within thirty (30)
days thereafter as the department head determines unless consideration is given to
this factor in determining work schedules.
beginning of the first shift on the day on which the holiday occurs and continues
for twenty-four (24) hours thereafter.
official holidays at their normal rate of pay if they are at work or on a leave of
absence with pay the last regular day or shift to which they were or would have
been assigned prior to the holiday and the first regular day or shift to which
they were or would have been assigned following the holiday.
meeting the foregoing criteria, part-time employees, both regular and temporary,
are entitled to pay on a holiday only if they would normally be scheduled to work
on the day of the week designated as the holiday and they shall be paid only for
the number of hours they would have worked.
discretion, may grant paid holidays to individuals for the celebration of certain
religious holy days observed by their particular faith.
All regular full-time employees are
Each holiday commences at the
Eligible employees shall receive pay for
In addition to
The City Manager, in his/her
Sec. 16. Resirnation. Any employee wishing to leave municipal service in
good standing shall file with his/her department head and the City Manager, at
least fourteen (14) calendar days before leaving, a written resignation stating
the effective date of resignation and the reason for leaving, and shall be present
at work the three consecutive work days prior to the final date of employment with
the City.
City Manager, be considered cause for denying the employee terminal leave benefits
and/or future employment by the City. Unauthorized absence from work for a period
of three consecutive days may be considered at the discretion of the department
head and City Manager as a resignation without such benefits.
Failure to comply with this procedure may, at the discretion of the
Sec. 17. Severance Pay.
(a) Eligible Employees
1. General Rule.' The City shall provide severance pay only to those
regular full-time employees who are no longer in their original probationary
period (as contrasted with a promotional probationary period), who leave
employment vith the City in good standing as described in Sec. 16 of this
Ordinance, and whose employment ends:
under PERA rules; or
City.
authorized to award severance pay to any employee or group of employees in regular
full-time employment who are terminated due to the effects of a permanent
elimination by the City of any functions or activities of the City.
shall not be eligible for severance pay under this Section 16.
amount equal to six weeks pay.
immediately following the eligible employee's severance date.
permanent disability, however, the City shall provide the severance pay on the
payday immediately following its receipt of appropriate notice of PERA's
determination.
Section.
for severance pay under paragraph (a) of this section.
(i) due to total and permanent disability, as determined by PERA
(ii) after completion of twenty years of continuous service to the
2. Special Rule. The City Manager, in his/her sole discretion, is
3. Exclusion. Employees covered by a collective bargaining agreement
(b) Amount.
(c) Time.
The eligible employee's severance pay shall be a lump sum
The City shall provide the severance pay on the payday
For total and
(d) Definitions. The following special definitions apply only to this
1. "Eligible Employee" means an employee of the City who is eligible
8/21/89 22
2. "Regular Pull-Time Employment" means employment with the City where
the employee is regularly engaged on a min3m.m of 40 hours every seven day cycle,
as determined by the needs and particular customs in the employee's department.
(before any payroll deductions) for regular full-time employment in effect on the
severance date.
Minnesota Statutes, Chapter 353 (or any subsequent amendment or replacement
thereof).
benefit from PEBd as of Hay 31, 1989 (including any changes in such reqpirements
adopted as of that date, but effective after that date).
performs duties in full-time employment.
I 3. "Pay" means the eligible employee's regular basic salary or wage
4. "PER&" means the Public Employees Retirement Associiation under
5. "PEBh rules" means the requirements for payment of an annuity or
-
6. "Severance date" means the last date on vhich the eligible employee
Sec. 18. Grievance Policy. It is the policy of the City insofar as possible
to prevent the occurrence of grievances and to deal promptly with those which
occur.
ordinance.
within which to bring the" grievance to the attention of hisper supervisor.
any employee grievance comes to the attention of a supervisory employee, the
supervisor shall discuss all relevant circumstances with the employee, consider
and examine the causes of the grievance. and attempt to resolve it to the extent
of the supervisor's authority to do so. If the grievance remains unresolved at
that level, the grievance may be appealed to the next administrative level, and so
on up to and including the City Manager and City Council.
concerning a grievance is final.
An employee may grieve only those subjects identified within this
An employee has five (5) working days from the date of the occurrence
When
The Council's decision
Sec. 19. Lav-Off. The City Manager may lay-off any employee when in the
sole and exclusive judgement of the City Manager it is appropriate because of the
shortage of work, funding of positions, changes in the organization or any other
reason.
Sec. 20. Discipline.
(a) General. All City employees shall be subject to disciplinary action,
The following grounds may as deemed appropriate by the
including dismissal, for failing to fulfill their duties and responsibilities as
determined by the City.
City be the basis for discipline, including dismissal. These are examples only:
1.
2.
3. Unauthorized absence.
4. Tardiness after warning.
5. Possession, sale, consumption, or under the influence of
Unauthorized possession and/or use of City property.
Refusal or failure to comply with an assignment or order or to
perform assigned work.
non-prescription drugs, alcohol, or other controlled substances
while on duty.
Violation of law, or of City work rules, policies or practices as
deemed appropriate by the City Manager.
Failure to perform assigned tasks at a performance level or in a
manner satisfactory to the City Manager.
The above are intended to serve only as examples and are not the exclusive
6.
7.
grounds for vhich the City may discipline, including dismissal.
the right to determine that other actions or inaction are grounds for discipline,
including dismissal.
Employees subject to discipline have the right to pursue the grievance
procedure or hearing procedure as provided for herein.
(b) As determined by the sole judgement of the City, disciplinary action may
involve any of the following steps, whether or not any specific progression is
followed, as determined by the City:
1. oral reprimand;
The City reserves
I-
.
8/21/89
23
2. Written reprimand;
3.
4. Demotion, transfer; and
5. Dismissal.
Sukpension with or without pay;
(c) Before any employee is suspended, demoted, transferred, or dismissed for
disciplinary reasons, the employee shall be given written notice of the reason(s)
for any such proposed action.
hearhg to be held before the City Manager.
the hearing by a representative.
evidence offered in support of the reasons for the proposed action and evidence as
may be presented by and/or on behalf of the employee.
hearing, the City Manager shall consider the evidence presented and make a
decision. Notwithstanding the follovhg provisions regarding notice of proposed
action and an opportunity for hearing before personnel action is taken, the City
reserves the right in cases it considers proper, such as those involving safety,
and health considerations, and/or other hazards affecting the interests of
employees and/or other persons, or in other appropriate circumstances as
determined by the City to remove an employee from the performance of duties in
whole or in part before any such hearing is held or decision made pending such
decision.
filed with the City Clerk, and served on the employee.
Manager shall be implemented upon such filing and service.
affecting the employee as a result of proceedings instituted under this section,
the employee shall have the right to appeal said decisions to the City Council.
Said appeal must be made in writing and filed with the City Manager within five
working days after the notification to the employee of the decision of the City
Manager.
City Council shall be conducted as determined by the Council; and may include the
appointment of a committee of the Council to hear the appeal.
shall prepare findings and conclusions for submission to the Council for its
consideration and action. The action of the City Council on any such appeal may
affirm, overrule, or modify the action of the City Manager.
conclusions of the Council on an appeal shall be in writing, filed with the City
Clerk, and served upon the employee and the City Manager.
action on such appeal shall be final.
hearing shall be held in accordance with Minnesota Statutes, 197.46.
The employee shall also be given notice of a
The employee may be accompanied at
At this hearing the City Manager shall receive
After the close of the
(d) The findings and conclusions of the City Manager shall be in writing,
The decision of the City
(e) In cases where the City Manager decides to impose personnel action
The appeal and hearings conducted pursuant to any such appeal before the
Such committee
The findings and
The City Council's
(f) If the disciplinary action involves the removal of a veteran, the
Sec. 21. Sexual Harassment - The City is committed to providing a work
environment that is free of sexual harassment.
the City maintains a policy prohibiting sexual harassment.
sexual harassment in any form, including verbal and physical harassment.
In keeping with this commitment,
This policy prohibits
Sec. 22. Unlavful Acts.
(a) Falsification of Records. No person shall knowingly make any false
statement, certificate, mark, rating, or report in regard to any test, certificate
or appointment held or made under the City personnel system or in any manner
commit or attempt to commit any fraud preventing the impartial execution of the
provisions of this ordinance.
(b) Rendering of Consideration. No person seeking employment to or
promotion in the service of the City shall directly or indirectly give, render, or
pay any money, service, or valuable consideration to any person, on account of or
in connection vith his/her test, employment, or promotion, or proposed employment .
or promotion.
Sec. 23. Officials Under Workers Compensation Act. Pursuant to Minnesota
Statutes Section 176.011, Subdivision 9, the elected officers of the City and
those municipal officers appointed to a regular term of office or to complete the
8/21/89 .. 24
unexpired portion of a regular term, are hereby included in the coverage of the
Minnesota Uorkers Cowensation Act. I Sec. 24. Political Activi-. An employee may not use official authority or
influence to compel a person to apply for membership in or become a member of a
political organization, to pay or promise to pay a political contribution, or to
take part in political activity. (Hinn. Statute, 21135.09).
Any employee who shall become a candidate for a federal, state or municipal
elective office, or assume a federal, state or municipal elective office, shall be
expected to properly fulfillhisfier normal duties during such candidacy and vhile
holding such office and may be disciplined for failure to do so.
employee holding such office shall be permitted time off from regular employment
to attend meetings required by reason of the public office.
without pay, with pay, or made up with other hours, as agreed between the employee
Also, an
Such time off may be
. and the City Mhager. (Hinn. Statute, 211B.10, Subd. 2).
Any employee vhose principal employment in the City is in connection with an
agency is also subject to the restrictions and penalties of the Federal Hatch Act.
(Title 5, S.1501, et. seq, U.S.C.A.)
-activity which is funded in whole or in part by the United States or a federal
Sec. 25. Penal-. Any person violating any provision of Section 22 of this
Ordinance shall be guilty of a misdemeanor and subject to penalties set forth in
Ordinance No. 175.
Sec. 26. Reuealer. Ordinance No? 121, as amended, is hereby repealed in its
entirety.
Sec. 27. This ordinance shall be in full force and effect upon
A and publication.
ATTEST : e
1 Mayor Y
Motion for adoption of the ordinance was seconded by Member Paulus.
Rollcall :
Ayes: Kelly, Paulus, Rice, Smith, Richards
Ordinance adopted.
*BID AWARDED FOR CENTEETNIBL LBKES PUBLIC IMPROVEMENT NOS. BA2289. BA-290. STS-197
AND STS-198 Motion vas made by Member Smith and vas seconded by Member Kelly for
avard of bid for Centennial Lakes Public Improvement Nos. BA-289, BA-290, STS-197
and STS-198 to recommended low bidder, Progressive Contractors, Inc., at
$1,777,672.35.
Motion carried on rollcall vote, five ayes.
-IC SAFETY CO'PMITTEE MINUTES OF 8/15/89 APPROVED Assistant Manager Gordon
Hughes directed the Council's attention to item (1) in Section A of the Traffic
Safety Committee Minutes of August 15, 1989 - Discuss "NO PARKING" sign in front
of residence at 4622 Edgebrook Place, noting that Robert Trucker and John Palombo
were present to speak to the issue.
Assistant Manager Hughes explained that the matter revolves around a "NO PARKING"
sign that was placed at 4622 Edgebrook Place last June.
order to prohibit parking on the west side of Edgebrook so as to enable
Mr. Palombo to access his driveway.
adopted a condition to that sign that it be subject to approval of the resident at
4622 Edgebrook Place.
The sign was placed in
The Committee recommended and the Council
Following erection of the sign the property was sold to
81 2 11 89
25
Mr. Trucker who is in the process of rehabilitating it and who appeared before the
Committee on August 15, 1989 requesting that the sign now be removed.
Committee heard testimony from both Mr. Trucker and Mr. Palombo concerning the
matter. Mr. Palombo's position was that he wishes the sign to remain in place on
a permanent basis.
remain a permanent installation and should not be subject to the approval or
disapproval of the resident at 4622 Edgebrook. Edgebrook Place is presently
signed "NO PARKING" on the east side (inside of the Edgebrook curve).
only space on the west side that is signed "NO PARKING".
The
On a 3-1 vote the Committee recommended that the sign should
This is the
I
Mayor Richards restated the issue that when the Council approved the Traffic
Safety Committee Minutes of June 13, 1989 the "NO PARKING" sign to be installed in
front of 4622 Edgebrook Place was based on approval by the resident at that
address and that now the Traffic Safety Committee is reversing its position.
Eric Engwaldson, Bennett Ingvaldson & McInerny, stated that he was representing
Mr. Trucker and his company, Cornerstone Construction Company. He said he did not
take issue with anything that has been said and agreed with the Mayor's
summarization of the issue with one point.
expressed, as reflected in the Committee minutes and in correspondence, that they
agreed with Mr. Trucker's position and the Traffic Safety Committee did not uphold
staff's position on the issue. He said that this affects only one piece of
property, that of Mr. Palombo's. The property at 4622 Edgebrook'already has a
hydrant in front and the sign removes the ability to park in the only other space
in front of the property.
consent of the other affected residents was not obtained. He said that visitors
to 4622 Edgebrook will now have to park in front of the other neighbors' houses.
Mr. Engwaldson also commented that the Council approved the sign at their June
19th meeting subject to obtaining the consent of the owner of the property at that
time.
Mr. Palombo during the interim period of time that the property at 4622 Edgebrook
was being sold to Mr. Trucker and none of this information was disclosed to
Mr. Trucker.
Three people on staff have all
The consent of Dr. and Mrs. Miller was obtained but the
Furthermore, this matter was hurriedly brought to the Committee by
Mr. Engwaldson argued that the City's policy ought to be, and apparently was as
set forth in Mr. Hoffman's letter of June 16, 1989 to Mr. Palombo, which stated
that "the essence of the approval relies on your neighbor's present approval and
continued approval.
streets to facilitate private access. Your situation may ultimately need to be
remedied by alteration of your driveway." Mr. Engwaldson said that Mr. Palombo
has a narrow driveway with small retaining walls on each side and that it could be
easily remedied without affecting the private property rights of the neighbors and
Mr. Trucker. He concluded by saying that Mr. Trucker feels the sign diminishes
the value of his property.
The general City policy is not to place restrictions on
John Palombo, 4624 Browndale Avenue, presented and explained photographs showing
his driveway, the no parking location, the position of the hydrant relative to an
elm tree and relative to the location of the subject sign, and a car parked in the
sign location in question.
fact that he and his wife were expecting their first child and they have had a
number of situations whereby their driveway was blocked so that they could not get
out. He also presented a letter from Ed Anderson, realtor, who stated that he had
never seen the existence of a "No Parking" sign affect the saleability of a single
family dwelling, having been involved in over 1,200 transactions.
stated that Mr. Trucker is asking for removal of the sign so that he may benefit
in the resale of a home that he is remodeling.
free access to his residence. He refuted the implication that this issue was
brought to the Committee in a hurry in June.
to Mr. Hoffman's attention on several occasions prior to the Traffic Safety
Committee meeting in June.
He said that what prompted the sign request was the
Mr. Palombo
He said he is simply asking for
He said that the matter was brought
Mr. Palombo stated that the matter was brought to
8/21/89 26
Dr. and Mrs. Miller the day after he received the correspondence from the Traffic
Safety Committee and-was returned that same day.
Mr. Palomb'o said that another issue that was brought up at the Committee meeting
was that the house was built in 1926 - why has this now become an issue.
that since they purchased the home in 1984, with the exception of three homes,
every home on his block on Browndale Avenue and behind on Edgebrook Place have
changed owners.
empty nesters to growing families with more active life styles.
the traffic pressure on Edgebrook.
immediate neighbors and they are in favor of having the sign stay there.
I He said
Ownership has gone from people that were retired, semi-.retired or
This has added to
Mr. Palombo said that he has talked to his
As to the suggestion that he widen his driveway, Mr. Palombo said he would be
happy to reimburse the City for the cost and time involved in placing the sign in
its location.
dollars to remove the retaining wall, replace it and remove the fence and replace
it and incur an expense that is being dictated by a real estate speculator who has
no intention of making that residence his homestead.
said he was simply asking for access to his residence.
Member Paulus commented that she was concerned that a precedence would be set if
the "NO PARKING." sign was approved.
~ He said it is disconcerting to have to spend several thousand
In conclusion Mr. Palombo
Member Rice asked the reason for the "no" vote on the motion by the Committee to
leave the "NO PARKING" sign in place. Craig Swanson, Committee Member, said the
primary reason was the June 26th letter of Francis Hoffman to Mr. Palombo which he
interpreted as calling for initial and continuing approval by the resident at
4622 Edgebrook Place. The other factor that was not mentioned was that the si= - does not guarantee that there will not be a car parked there and the driveway
could be blocked.
Following discussion, Member Smith moved that the Council not approve the
recommended action of the Traffic Safety Committee concerning item (1) in Section
A (to leave the "NO PARKING" sign in place).
Paulus.
Motion was seconded by Member
Mayor Richards said he did not intend to support the motion because it would be
unfair and that action to deprive a resident of access to his home is being
requested by someone who does not intend to occupy the property affected by the
sign.
by case basis and that the photographs clearly show the difficulty in exiting from
Mr. Palombo's driveway.
He said that he felt this is a situation that should be decided on a case
Mayor Richards then called for vote on the motion.
Ayes: Paulus, Smith
Nays: Kelly, Rice, Richards
Motion defeated.
Member Kelly then moved approval of the recommended action listed in Section A (1)
of the Traffic Safety Committee Minutes of August 15, 1989 to leave the "NO
PARKING" sign in place in front of 4622 Edgebrook Place.
Ayes : Kelly, Rice , Richards
Nays: Paulus, Smith
Motion carried.
Member Kelly moved approval of the following additional recommended action listed
in Section A of the Traffic Safety Committee Minutes of August 15, 1989:
(2)
Avenue crosswalk area with a sign reading "STOP FOR PEDESTRIBN",
(3)
Country Club Road at Moorland and eastbound on Country Club Road at Browndale
Avenue,
and to acknowledge Sections B and C of the Minutes.
seconded by Member Smith.
To replace the diamond arrow sign now in place at the West 50th Streetprance
To install pedestrian signs with the 25 mph advisory attachments westbound on
Motion for approval was
8/21/89 27
Ayes: Kelly, Paulus, Rice, Smith, Richards
Motion carried;
REPORT PRESENTED ON RECYCLING PROGRAH Janet Chandler, Recycling Coordinator,
presented a progress report on the new Recycling Program summarized as follows.
New Program Results - Results for July showed an average participation rate of
31.4% on any given day, increasing to a 39% average for the first two weeks of
August.
are participating at a higher rate.
about 100 tons more than the previous monthly totals.
is lower than a total participation rate, since many recyclers do not place
materials out each week.
tonnage totaled about 43 tons, compared to the June total of 117 tons (pickup and
Center combined). Total July Tonnage. Recyclinq Goals - Edina residential waste
is approximately 1,676 tons per month. Household pickup of paper, glass and cans
totaled 210.68 tons, with Center tonnage at 43 for a July total of 253.68 tons.
Waste reduction was 15%. Edina has exceeded the 10% reduction goal required by
Hennepin County for full 80% program funding.
complete container delivery by August 18.
participation jumped for that particular route the next pickup.
ongoing promotion plan is needed to increase participation.
to clarify questions on placement of recyclables, garbage and yard waste.
actions are being planned to deal with these issues.
program is off to a good start.
problems are being worked out.
residents discover how easy it is to recycle in Edina.
John Moorland, BFI, presented statistics showing weekly participation in the
program for July and August, and noted that there was a gradual increase in
participation.
All containers should be delivered by August 22. Mr. Moorland showed a sample of
the handout being distributed by the drivers which included a checklist to
facilitate pickup of recyclables. A notice also is being printed that will be
given to residents explaining that the proper location for recyclable pickup as
well as garbage pickup is at the garage within sight from the street and that only
compost materials may be placed at the curb. Also, BFI has developed a program
for their drivers that along with the normal safety and procedural training
includes customer service and background information on recycling in general and
the recycling program. Mr. Moorland said they are trying to establish a core of
five drivers for Edina who will have their own base customers for whom they are
responsible.
The areas which were previously served in the monthly recycling pickup
210 tons of material were picked up in July -
A daily participation rate
Recycling Center - Receipts are down considerably. July
Container Delivery - BFI plans to
As containers were delivered,
Promotion - An
There is also a need
Summary - The new recycling
Several
The drivers are getting to know the City and
Participation is expected to increase as more
He said that the drop in tonnage after the first weeks was normal.
The Council discussed various mefshods of reminding the residents that the program
is mandatory and ways to encourage participation in the program.
suggested that it would be premature to do anything now and that staff should
continue reporting on the progress of the program on a monthly basis.
Mayor Richards
TEARING DATE OF 9/18/89 SET FOR SPECIAL ASSESSMENTS
Smith and was seconded by Member Kelly for adoption of the following resolution:
Motion was made by Member
RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEBRINGS
FOR VARIOUS IMPROVFXENTS
BE IT RESOLVED by the City Counci.1 of the City of Edina, Minnesota, as follows:
1.
the improvements set forth in the Notice of Hearing forms hereinafter recorded,
and the amounts proposed to be assessed against the respective lots, places and
parcels of land within the distrfcts affected by said improvements, and said
proposed assessments having been filed with the Clerk, the same are hereby
approved and the Clerk shall keep the same on file in her office and open -tor..
public inspection pending hearings thereon as herein provided.
The Clerk and Engineer having calculated the proper amounts to be assessed for
I
8/21/89 28
2. This Council shall meet at the time and place specified in the Notice of
Hearing form hereinafter contained, to pass upon said proposed assessments and the
Clerk's action in publishing notice of said hearings in the official newspaper in
accordance with lav is hereby approved.
(Official Publication)
CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
PROPOSED SPECIAL ASSESSMENT FOR:
STREET IMPROVEMENT NO. BA-28lA
Notices being as follows:
PARKING RAMP IMPROVEMENT NO. P-1B
-CE IMPROWMEN!i! NO. H-89
TREE REMOVAL IMPROVEXENT NO. TR-89
AQUATIC KEDS IMPROVEMENT NO. AQ-89
TREE TRIMMING IMPROVEMENT NO. TT-89
SANITARY SEKER CONNECTION NO. HC-11
STOm SEKER IMPROVEMENT NOS. STS-185, STS-186
WATERMAIN IMPROVEMENT NOS. UH-363, UH-364, UH-365
SANITARY SEWER IMPROVEMENT NOS. SS-377, SS-378, SS-379
Notice is hereky given that the Edina City Council will meet at the City Hall at
4801West 50th Street, Edina, Minnesota on September 18, 1989, at 7:OO P.M. to
hear, consider and pass upon all objections, both oral and written, to proposed
special assessments for the following improvements:
1- STREET IKPROVEHEMT NO. BA-28lA
Halibu Drive from Lincoln Drive to 710 feet Southeasterly
The area proposed to be assessed for said improvement is as follows: Outlot E,
PARKKOOD KN0I;LS 20THADDITION (30-117-21-32-0010) and Lots 1, 4, 5, Block 1,
IANDHARK ADDITION (30-117-21-32-0014) (30-117-21-32-0017) (30-117-21-32-0018).
2. PARKING RAMP IMPROVEMENT NO. P-1B
TOTAL AMOUNT OF PROPOSED ASSESS~IEKC IS:
West 51st Street Parking Ramp
The area proposed to be assessed for said improvement is as follows: Edina
$23,349.43
Theatre property described as commencing at a point in Northwest comer of Lot 47,
thence South to Southwest comer thereof, thence West 13.9 feet, thence South 1.1
feet, thence West 36.1 feet, thence South 2.4 feet, thence West to a point 7 feet
East from West line of Lot 45, thence North 134.75 feet, thence West 4 feet,
thence North to South line of West 50th Street, thence East 87 feet, thence South
to beginning, AUDITORS' SUBDIVISION NO. 172 (18-028-24-42-0052).
TOTAL AMOUNT OF PROPOSED ASSES!SHENT IS:
50th Street and France Avenue Business District
The area proposed to be assessed for said improvement is as follows: All
TOTAL AMOUNT OF PROPOSED ASSESSMliWI IS:
5200 Valley Viev Road and 4810 Brookside Avenue
The area proposed to be assessed for said improvement is as follows: Lot 5,
$240,000.00
3. IWXENANCE IMPROVEMENT NO. H-89
parcels contained within the 50th Street and France Avenue Business District.
$43,121.71
4. TREE REKOVAL IMPROVEMENT NO. TR-89
Block 1, SMGEB'S ADDITION (04-116-21-22-0100)-~d Lot 6, EDINA TERRACE
(28-117-21-24-0037).
5. AQUATIC UEEDS IMPROVEMENT NO. AQ-89
TOTAL AMOUNT OF PROPQSED ASSESSMIBIT IS:
Hill Pond and Indianhead Lake
The area proposed to be assessed for said improvement is as follows:
TOTAL AMOUNT OF PROPOSED ASSES- IS:
$804.22
reparian to Indianhead Lake and Hill Pond.
$17,919.00
6. !CREE TRIMMING IMPROVEMENT NO. TT-89
All lots
I The area proposed to be assessed for said improvement is as .follows: The area
bounded by Highway 169 on the West, Highway 100 on the East, Highway 62 on the
North and the Southern City Boundary Line on the South.
$43,440.99 TOTAL AMOUNT OF PROPOSED ASSESSMENT IS:
7. SANITARY SEWER CONNECTION NO. HC-11
8/21/89
. :29'
4540 France Avenue South
The area proposed to be assessed for said improvement is as follows: North 42
feet of East 30 feet of Lot 8 and North 42 feet of Lots 9, 10, 11, 12 and 13,
including adjacent 18 feet of Harriet Avenue vacated except part taken for France
Avenue, Block 26, WAVELAND PARK ADDITION (07-028-24-44-0140).
8. STORM SEWER IMPROVEXEXC NO. 185
.TOTAL AMOUNT OF PROPOSED ASSESSMENT IS:
Halibu Drive from Lincoln Drive to 290 feet Southeast
The area proposed to be assessed for said improvement is as follows: Outlot E,
PARKWOOD KN0LT.S 20TH ADDITION (30-117-21-32-0010); Tract A, REGISTERED LAND SURVEY
$6,200.00
NO. 1503 (30-117-21-31-0011).
TOTAL AMOUNT OF PROPOSED ASSESSMENT IS:
Minnesota Drive from France Avenue to Edinborough Way
The area proposed to be assessed for said improvement is as follows: Lots 1
$14,955.98
9. STORM SEWER IMPROVEMEJCC NO. 186
and 2, Block 1, (32-028-24-23-0283) (32-028-24-32-0005); Lot 1, Block 2
(32-028-24-32-0008); Lots 1 and 2, Block 3, (32-028-24-32-0006)
(32-028-24-32-0007); Lot 1, Block 4, (32-028-24-32-0005); Outlot B
(32-028-24-23-0285); Outlot D (32-028-24-32-0009) all in SOUTH EDINA DEVELOPMENT
ADDITION.
TOTAL AMOUNT OF PROPOSED ASSESSMENT IS:
Mklibu Drive from Lincoln Drive to 710 feet Southeasterly
The area proposed to be assessed for said improvement is as follows: Lots 1
$63,984.94
10. WATEJMAIN IMPROVEMENT NO. WH-363
through 5, Block 1, LANDMARK ADDITION (30-117-21-32-0014) (30-117-21-32-0015)
(30-117-21-32-0016) (30-117-21-32-0017) (30-117-21-32-0018).
11. WATERMAIN IMPROVFXENT NO. a-364
TOTAL AMOUNT OF PROPOSED ASSESSMENT IS:
Ryan Avenue from West 62nd Street to West 63rd Street
The area proposed to be assessed for said improvement is as follows: West 1/2
$21,239.15
Of Lots 2, 3, 4, Block 3, NORMANDALE ADDITION (30-028-24-22-0027)
(30-028-24-22-0028) (30-028-24-22-0031).
TOTAL AMOUNT OF PROPOSED ASSESSMENT IS:
Minnesota Drive from France Avenue to Edinborough Way
The area proposed to be assessed for said improvement is as follows: Lots 1
$10,514.19
12. WATERHAIN IMPROVEMENT NO. WH-365
and 2, Block 1 (32-028-24-23-0283) (32-028-24-32-0005); Lot 1, Block 2
(32-028-24-32-0008); Lots 1 and 2, Block 3 (32-028-24-32-0006)
(32-028-24-32-0007); Lot 1, Block 4 (32-028-24-33-0005); Outlot B
(32-028-24-32-0285); Outlot D (32-028-24-32-0009) all in SOUTH EDINA DEVELOPMENT
ADDITION.
TOTAL AMOUNT OF PROPOSED ASSESSMENT IS:
Halibu Drive from Lincoln Drive to 710 feet Southeasterly
The area proposed to be assessed for said improvement is as follows: Lots 1
$40,787.72
13. SANITARY SEWER IMPROVEMEJCC NO. SS-377
through 5, Block 1, LANDMARK ADDITION (30-117-21-32-0014) (30-117-21-32-0015)
(30-117-21-32-0016) (30-117-21-32-0017) (30-117-21-32-0018).
14. SANITARY SEWER IMPROVEMENT NO. SS-378
TOTAL AMOUNT OF PROPOSED ASSESSMENT IS:
Ryan Avenue from West 62nd Street to West 63rd Street
The area proposed to be assessed for said improvement is as follows: West 1/2
$29,700.85
of Lots 2, 3, 4, Block 3, NORHANDAU ADDITION (30-028-24-22-0027)
(30-028-24-22-028) (30-028-24-22-0031).
15. SANITARY SEWER IMPROVEMENT NO. SS-379
TOTAL AMOUNT OF PROPOSED ASSESSMENT IS:
Minnesota Drive from France Avenue to Edinborough Way
The area proposed to be assessed for said improvement is as follows: Lots 1
$17,211.24
'
and 2, Block 1 (32-028-24-23-0283) (32-028-24-32-0005); Lot 1, Block 2
(32-028-24-32-0008); Lots 1 and 2, Block 3 (32-028-24-32-0006)
(32-028-24-32-0007); Lot 1, Block 4 (32-028-24-33-0005); Outlot B
8/21/89 30
(32-028-24-23-0285); Outlot D (32-028-24-32-0009) all in SOUTH EDIF& DEVELOPMENT
ADDITION.
$19,687.68 TOTAL AHOUN!i! OF PROPOSED ASSES- IS:
These proposed assessment rolls are now on file in the office of the City Clerk
and are open to public inspection.
APPEAL
Any mer may appeal the assessment to the District Court pursuant to Minnesota
Statutes 429.081, by serving notice of the appeal upon the Mayor or Clerk of the
City of Edina within thirty (30) days after adoption of the assessment by the City
Council, and by filing such notice vith the District Court within ten (10) days
after service upon the Mayor or Clerk.
assessment unless a written objection signed by the affected property owner is
filed with the Clerk of the City of Edina prior to the hearing or presented to the
presiding officer at the hearing.
DEFWRBL ON HOHESTEBDS OWNED BY PERSONS 65 YEBRS OF AGE OR OLDER
Pursuant to Minnesota Statutes, the City of Edina has adopted standards and
guidelines for deferring special assessments against homestead property owned by
persons 65 years of age or older for whom payment would be a hardship. To obtain
deferment, application must be filed vith the City Assessor's office by the close
of business on the last business day before the City Council meeting set out in
the first paragraph of this notice.
forms, please call or visit the City Assessor's office.
BY ORDER OF THE EDINA CITY COUNCIL.
Marcella M. Daehn, City Clerk
Motion carried on rollcall vote, five ayes.
However, no appeal may be taken as to an
.
For further information and application
*RESOLUTION ADOPTED SETTING ElEARING DATE FOR VACATION OF SGRIVW ROAD RIGHT OF WAY
(LOTS 1 AND 2. BLOCK 1. HYLBND ACRES) - 5101 SCRIVER ROAD
Member smith and was seconded by Member Kelly for adoption of the following
resolution: I Motion vas made by
RESOLUTION CALLING PUBLIC HEBRIHG ON
VACATION OF EASEMEJ9T FOR STREET PURPOSES
BE IT RESOLVED by the City Council of the City of Edina, Hennepin County,
Minnesota, as follows:
1.
street purposes should be considered for vacation, in accordance with the
provisions of Minnesota Statutes, Section 412.851 and 160.29:
It is hereby fmd and determined that the following described easement for
That part of SCRIVW ROAD lying northerly of the following described line:
Beginning at the southwest corner of Lot 1, Block 1, EYLAND ACRES,
according to the recorded plat thereof; thence North 88 degrees 38
minutes 15 seconds East along the south line of said Lot 1 and its
easterly extension a distance of 51.67 feet; thence 67.92 feet along a
curve concave to the southwest having a radius of 64.43 feet and a
central angle of 60 degrees 23 minutes 45 seconds, to a point on the
southwesterly line of Lot 2, said Block 1, distant 31.04 feet
northwesterly from the most southerly corner of said Lot 2 and said
line there terminating.
2.
included in paragraph 3 hereof for the purpose of holding a public hearing on
whether such vacation shall be made in the interest of the public.
3. The Clerk is authorized and directed to cause notice of the time, place and
purpose of said hearing to be published once a week for two weeks, in the Edina
Sun-Current, being the official newspaper of the City, the first publication at
least 14 days prior to the date of such hearing and to post such notice, at least
14 days prior to the date of such hearing, in at least three (3) public and
conspicuous places within the City, as provided in Minnesota Statutes, Section
412.851.
This Council shall meet at the time and place specified in the form of notice
Such notice shall be in substantially the following form:
NOTICE OF PUBLIC HEARING
ON VACATION OF EASEMEN'J! FOR STREET PURPOSES
8/21/89
IN THE CITY OF EDIHLL, HENNEPIN COUNTY, MINNESOTA
NOTICE IS HEBEBY.GIVW that the City Council of the City of Edina, Hennepin
County, Minnesota, will meet at the Edina City Hall, 4801 U. 50th Street on
September 18, 1989 at 7:OO p.m., for the purpose of holding a public hearing on
the proposed vacation of the following easement for drainage and utility purposes:
(Same as legal description of vacation in paragraph 1. above)
All persons vho desire to be heard with respect to the question of whether or not
the above proposed street vacation is in the public interest and should be made
shall be heard at said time and place. The Council shall consider the extent to
which such proposed street vacation affects existing easements within the area of
the proposed vacation and the extent to which the vacation affects the authority
of any person, corporation, or municipality owning or controlling electric,
telephone, or cable television poles and lines, gas and sewer lines, or water
pipes, mains, and hydrants on or under the area of the proposed vacation, to
continue maintaining the same or to enter upon such easement area or portion
thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto,
for the purpose of specifying, in any such vacation resolution, the extent to
which any or all of any such easements, and such authority to maintain, and to
enter upon the area of the proposed vacation, shall continue.
BY ORDW OF THE EDINA CITY COUNCIL
Marcella M. Daehn, City Clerk
Motion carried on rollcall vote, five ayes.
.
HETROPOLITAN COUNCIL'S FOCUS SHIFT TO EDUCATION NOTED Member Kelly reported that
she had attended an AMM Metropolitan Agencies Committee meeting recently at which
the Metropolitan Council presented their program for the coming year.
they are shifting their focus to some new issues, e.g. education, equal
opportunity, life long learning and special education. She said she was concerned
about the Metropolitan Council getting into these areas and that this may warrant
Edina's Council sitting down with the Edina School Board as this will impact both.
She said
MLC DISCUSSES TAX PROGRAM Manager Rosland reported that the Municipal Legislative
Commission (MLC) has been meeting regarding the Governor's tax program. Although
not funded as the MLC has proposed, it does parallel some of the features of the
MLC's proposal on taxes. However, because the DFL leaders and the Governor do not
see eye to eye, the Governor's program will probably not be effective.
special session of the legislature is called, it will not be until the end of
September.
If a
IE!CTERS OF COMMENDATION NOTED Member Rice referred to letters from residents
commending various staff personnel for services.
concerning staff are received.
residents addressed to the Mayor or Council are copied for the Council packets.
He asked if letters of complaint
Manager Rosland said that all letters from
STREET PARKING REGULATIONS AND STREET SWEEPING QUESTIONED Member Rice said he has
noted more cars parked over night on the streets and asked what the regulations
were.
the non-winter seasons.
complaint basis only.
should be enforced.
Chief Swanson said there is a basic six hour street parking ordinance for
He explained that the Police Department acts on a
Member Rice commented that he felt the parking regulations
Member Rice asked if street sweeping is being done as frequently as it has been in
the past.
WOODDALE/WEST 50TH STREET INTERSECTION DISCUSSED Member Rice said he had heard a
concern from a resident who was traveling north on Wooddale Avenue about turning
west onto West 50th Street and being confused resulting in entering the eastbound
lane. He asked that this be looked at.
Engineer Hoffman replied that it is.
32 8/21/89
LETTW OF MARJORIE MPA CONCERNING GOLF LEBGDE POLICY DISCUSSED
referred to the letter from Marjorie Lopa of the Bowling Green Golf League
concerning the golf league policy that will be put into effect in 1990 that all
leagues at Braemar may consist of Edina residents only.
received several telephone calls on this subject.
affected league members would like to speak to the issue that they be
grandfathered in under the new rules but have expressed that they would feel
somewhat intimidated in presenting their views at a Council meeting.
should be able to facilitate their comfort here.
Member Kelly
She said that she has
Member Smith commented that the
He said we
COUNCIL STUDY SESSION AGmA FOR 9/16/89 DISCUSSED
Council Members of the Council Study Session scheduled for September 16. Mayor
Richards asked that the Members contact him with suggestions for that agenda.
There was some discussion about cancelling the session and it was agreed that a
decision would be made at the next meeting.
Manager Rosland reminded the
-
REPORT ON ENTERPRISE FONDS TO BE SUMMARIZED
content and format of the report on enterprise funds, it was agreed that it should
be revised and put into a management summary format and then broughtback for the
Council's review.
Following some discussion as to the
CLAIMS PAID Motion vas made by Member Smith and vas seconded by Member Kelly to
approve payment of the folloving claims as per pre-list dated 8/21/89: General
Fund $278,582.49, C.D.B.G. $11,202.00, Communications $123.64, Art Center
$12,944.17, Capital Fund $180.40, Swimming Pool Fund $2,786.91, Golf Course Fund
$26,889.31, Recreation Center Fund $3,518.87, Gun Range Fund $544.47, Edinborough
Park $8,264.69, Utility Fund $16,068.67, Storm Sewer Utility $1,680.00, Liquor
Dispensary Fund $110,630.06, Construction Fund $363,251.44, IM? Bond Redemption #2
$717.25, Total $837,474.37, and for confirmation of payment of Claims dated
8/31/89: General Fund $293,799.41, C.D.B.G. $8,781.00, Communications $3,666.59,
Art Center $646.07, Swimming Pool Fund $1,155.45, Golf Course Fund $56,024.88,
Recreation Center Fund $7,286.73, Gun Range Fund $237.72, Edinborough Park
$8,391.72, Utility Fund $34,359.44, Liquor Dispensary Fund $203,061.41,
Construction Fund $34,760.32, Total $652,170.73
I
Motion carried on rollcall vote, five ayes.
There being no further business on the Council Agenda, Mayor Richards declared the
meeting adjourned at 8:45 p.m.
"maccolL-%/&
City Clerk